If you forget to list a creditor are they still bound by the automatic stay?

[Seeker40]

I filed CH 7 pro se and there is one creditor that I forgot to list. Last week they sent me an email demanding I pay for a 6 month old bill that I believe to be erroneous but thats another matter. I replied back that I was currently in CH 7 bankruptcy and to cease any further communication to me. They immediately replied back with this:

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No, we will not cease contacting you, and no, we are not in violation of
any laws in continuing to interact with you to discuss your debt.

We has not been mailed court ordered Chapter 7 discharge paperwork.
You cannot simply send an e-mail such as this and expect a legitimate debt to simply go away. That is not how the bankruptcy process works.
Your e-mail does not constitute notice. We need to be provided with
court documentation explaining our rights and obligations as a creditor. If you do not pay this debt immediately you will be sued.
------------------

I did not respond to them and plan on amending my creditors matrix, but in the past week they have started emailing me daily with past due notices.

Can they do this even though they were not added to the matrix?

[blankslate]

They are in violation of the automatic stay but I would ask them for the proper address to have all bankruptcy correspondence sent to. I have one that even gave the court a "preferred address" for bankruptcy and they STILL have me on their auto dialer. I've called them back and faxed it directly to the people in the call center but they never stop. I could file a complaint, but honestly don't care.

However that email may get them into trouble. Add them to the matrix, have everything officially sent and then see what the response is.

[keepmine]

I agree with Blankslate. To get any sort of sanctions, they need to be offically notified.

[lrprn]

Can they do this even though they were not added to the matrix?

Although it's not a part of the bk law, most local courts don't want to mess with all the hassles of having the creditors' list updated by refiling it to add one forgotten creditor. That creditor's debt will be discharged along with all the rest.

However, since this creditor is playing hardball and it only costs $27 to refile an amended creditor list that includes them, I would cough up the $27 and update your filed creditor's list to include them. Then they will get notice and have to stop demanding payment. Problem solved.

[kenshirley]

You said you forgot to list them.
Your fault and I am thinking you are stuck with the bill.
You don't say when you filed, your 341 date or discharge dates so it's hard to tell.

[biotechsolution]

You said you forgot to list them.
Your fault and I am thinking you are stuck with the bill.
You don't say when you filed, your 341 date or discharge dates so it's hard to tell.

If it was a 'no-asset' chapter 7 filing every creditor is discharge regardless
of whether you listed them or not. you only run into problems where you have an 'asset' case and monies are being dolled out. If that was the case
that creditor would be hurt by not notifying them of your bankruptcy.

If you haven't been discharged lrprn is right, it might be easiet to just amend your creditor matrix and fax them a copy of it.

If you've been discharged just send them a copy of the discharge. Most courts won't re-open your case just for the purpose of including a omitted creditor.